Kirkland Alert Kirkland & Ellis LLP

FTC’s Proposed Modifications to HSR Act Rules Will Affect Pharmaceutical Industry Licensing Transactions

On Monday, August 13, 2012, the Federal Trade Commission (“FTC”) proposed amending the premerger notification rules to require firms operating in the pharmaceutical industry to comply with the Hart-Scott Rodino Antitrust Improvements Act (“Act”) when transferring “all commercially significant rights” to a patent.